| The countervailing measures are three trade remedy measures under the regime of the WTO. This measure is usually taken by the WTO members as a trade sanction measure to the market economy countries in the filed of international trade. In November2006, the Department of Commerce of United States(U.S.) announced the initiation of a countervailing duty investigation on coated free sheet paper imported from the People’s Republic of China(China) and the preliminary decision and the final decisions are being made against China in the year of2007.The number of countervailing cases between U.S. and China has rise to thirty-two until the end of the year of2012. Among all WTO members who applied countervailing measures against Chinese products, the United States initiated the most countervailing investigations with the highest frequency. With the influence of the financial crisis, trade protectionism in US rises and the pressure seeking more protection over domestic industries is increasing. The United States is the second largest trade partner of China, its countervailing investigations will be one of the top priorities in China’s response to countervailing investigations. It could be estimated that accompanying the establishment of the market economy regime and the development of the export trade, it is highly probable that other WTO member would quickly apply its subsidy law towards China. This article is composed of four chapters.Chapter Ⅰ consists of U.S. countervailing the basic status of the problem and the reason for China to implement countervailing measures. First, point out The United States has initiated anti-dumping duty and countervailing duty investigations on imports of Coated Free Sheet Paper from the Peoples’ Republic of China in2006, which could be treated as"benchmarking"of USA against China’s trade remedy Policy. Secondly, respectively from the economic reasons, political reasons and legal reasons from three aspects, analyze the cause of America’s China adopt countervailing measures.Thirdly, Author to the2011U.S. Department of Commerce initiated anti-subsidy investigations of crystalline silicon photovoltaic cells, for example, pointed out that the U.S. countervailing measures the adverse impact on our industry.Chapter Ⅱrefers to subsidies identification in the US countervailing rules. DS379case, for example by the Chinese defence and DOC reason to analyze American China subsidies as standard in the process of countervailing investigation, analysis of state-owned enterprises is "public body", and briefly analyzes the DOC to the standard of "public body", and put forward China’s response to American countervailing cases of "public body" in China decided that strategy.Chapter Ⅲ refers to Subsidies to the interests of the external benchmark selection problem resulting from the US’countervailing investigations against Chinese products. In practical cases, there are deviation on a certain degree in US investigations on aspects such as identification of Chinese state-owned enterprise, specification of loans from commercial banks, benchmarks used in profit calculation. Such deviation are not fair to Chinese enterprises, and are inconsistent with US’former countervailing practice, nor rules and cases of WTO rules on dispute settlement.)Chapter IV China’s response to the countervailing investigation to China’s legal strategy strategy. The spirit of "legal issues, legal solution; the political issues, diplomacy" principle, from the two aspects of external and internal legal countermeasures law countermeasures to discuss China’s response to the United States countervailing policy to China. |
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